Khaimov v City of New York
2021 NY Slip Op 06083 [199 AD3d 455]
November 9, 2021
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 29, 2021


[*1]
 Liron Khaimov et al., Appellants,
v
City of New York et al., Respondents.

Napoli Shkolnik, PLLC, New York (Craig Phemister of counsel), for appellants.

Georgia M. Pestana, Corporation Counsel, New York (Jesse A. Townsend of counsel), for respondents.

Order, Supreme Court, New York County (Dakota D. Ramseur, J.), entered on or about May 27, 2021, which denied plaintiffs' motion for summary judgment as to liability, unanimously affirmed, without costs.

The parties' conflicting versions as to how the accident occurred raise triable issues of fact regarding the fault of the parties. Plaintiffs' sole argument on appeal is that defendants failed to raise an issue of fact in opposition to their prima facie showing, because defendant driver's statements contained in the police accident report, on which the opposition was founded, were hearsay and therefore inadmissible. Plaintiff waived her hearsay objections to the driver's statements contained in the police accident report submitted by defendants by failing to object before the motion court and by relying on them in support of her own motion (see Cook v Supreme Sys., Inc., 146 AD3d 602 [1st Dept 2017]; Cruz v Skeritt, 140 AD3d 554 [1st Dept 2016]). Concur—Renwick, J.P., Singh, Kennedy, Rodriguez, Pitt, JJ.